9th circuit rules nonviolent felons have gun rights

[1srelluc]

https://cdn.ca9.uscourts.gov/datastore/opinions/2024/05/09/22-50048.pdf

Three judge panel. 2:1 win.

Dissent has already asked for en banc.

tl;dr - Non-violent felons do not lose their RKBA under the Bruen standard, 2-1 decision.

I'm sure the en banc court will overturn.

 

[M14 Shooter]

Surprised they didn't en banc this one away from the panel before it made its decision.

 

[Mac-7]

https://cdn.ca9.uscourts.gov/datastore/opinions/2024/05/09/22-50048.pdf

Three judge panel. 2:1 win.

Dissent has already asked for en banc.

tl;dr - Non-violent felons do not lose their RKBA under the Bruen standard, 2-1 decision.

I'm sure the en banc court will overturn.

The legal system is a crap shoot

This was a bad decision

 

[TNHarley]

Excellent news!

 

[JGalt]

https://cdn.ca9.uscourts.gov/datastore/opinions/2024/05/09/22-50048.pdf

Three judge panel. 2:1 win.

Dissent has already asked for en banc.

tl;dr - Non-violent felons do not lose their RKBA under the Bruen standard, 2-1 decision.

I'm sure the en banc court will overturn.

My Dad would have liked to have heard this, if he were still alive. He was an avid shooter, hunter and reloader up until he stupidly got mixed up in a 40 pound pot deal with one of my asshole half brothers.

 

[The Duke]

I don't see this as necessarily being a bad thing.

 

[JoeMoma]

My Dad would have liked to have heard this, if he were still alive. He was an avid shooter, hunter and reloader up until he stupidly got mixed up in a 40 pound pot deal with one of my asshole half brothers.

I bought a set of stainless steel pots and pans from Costco. Probably weighed less than 40 lbs.

 

[Bell Huey]

I don't see this as necessarily being a bad thing.

I agree. For a truly non violent felony their rights should be restored.

 

[1srelluc]

How about sex offenders like those receiving/transmitting/possessing kiddy porn and the like.....They are felons but as far as their felony convictions go they never actually touched a child.

 

[JoeMoma]

How about sex offenders like those receiving/transmitting/possessing kiddy porn and the like.....They are felons but as far as their felony convictions go they never actually touched a child.

What they did is despicable and they should perhaps spend life in prison or even be executed.. That said, if they are released, they will definitely need to be able to protect themselves.

 

[AZrailwhale]

I don't see a problem with non-violent felons regaining their various rights. But then, my solution to gun/weapon violence is that use a weapon in a crime, go to jail for a minimum of ten years, injure someone with a weapon in the commission of a crime go to jail for a minimum of twenty years. Kill someone with a weapon in the commission of a crime, Life Without the Possibility of Parole or the death penalty.

Do it my way and gun/weapon violence would be a very rare occurrence. It would mostly be crimes of passion, not normal criminal activity.

 

[citygator]

Current conventional right wing thinking is that the 2nd amendment part that says "the right of the people to keep and bear Arms, shall not be infringed" is universal so I say convicts should have guns even in jail. There is no described way to take away that right explicitly enumerated in the Constitution and I am a strict constitutionalist. Convicts must and should have 2nd amendment rights!!!!!

 

[JGalt]

I don't see a problem with non-violent felons regaining their various rights. But then, my solution to gun/weapon violence is that use a weapon in a crime, go to jail for a minimum of ten years, injure someone with a weapon in the commission of a crime go to jail for a minimum of twenty years. Kill someone with a weapon in the commission of a crime, Life Without the Possibility of Parole or the death penalty.

Do it my way and gun/weapon violence would be a very rare occurrence. It would mostly be crimes of passion, not normal criminal activity.

You mean holding people accountable for their actions? That would sure as hell beat punishing law-abiding gun owners, the firearms manufacturers, and the guns themselves.

But the gun-hating left would never go for that. How "radical" of you.

 

[1srelluc]

Current conventional right wing thinking is that the 2nd amendment part that says "the right of the people to keep and bear Arms, shall not be infringed" is universal so I say convicts should have guns even in jail. There is no described way to take away that right explicitly enumerated in the Constitution and I am a strict constitutionalist. Convicts must and should have 2nd amendment rights!!!!!

LOL....YOU would have that FUBAR mindset.

 

[M14 Shooter]

Current conventional right wing thinking is that the 2nd amendment part that says "the right of the people to keep and bear Arms, shall not be infringed" is universal so I say convicts should have guns even in jail. There is no described way to take away that right explicitly enumerated in the Constitution and I am a strict constitutionalist. Convicts must and should have 2nd amendment rights!!!!!

Best you can do?

 

[Jarlaxle]

Current conventional right wing thinking is that the 2nd amendment part that says "the right of the people to keep and bear Arms, shall not be infringed" is universal so I say convicts should have guns even in jail. There is no described way to take away that right explicitly enumerated in the Constitution and I am a strict constitutionalist. Convicts must and should have 2nd amendment rights!!!!!

You're dumb as toast.

 

[para bellum]

I'm sure the en banc court will overturn.

I think we're setting up for a showdown on the prohibited categories on Form 4473.

This case- 9th Circuit says 922(g)(1) (convicted felon) is unconstitutional.
Flores in Illinois- District Court in 7th Circuit says 922(g)(5)(a) (illegal alien) is unconstitutional.
Daniels in Mississippi- 5th Circuit says 922(g)(3) (drug user) is unconstitutional as it applies to marijuana.

Hunter is charged with 922(g)(3) in Delaware, which is in the 3rd Circuit. The District judge rejected Hunter's motion to dismiss based on Bruen's two-part test, and cited an 8th Circuit decision that 922(g)(4) (mental defective) was not unconstitutional.

The 3rd Circuit Court of Appeals rejected Hunter's appeal, saying the decision was not appealable since the case has not been tried, but he can raise the argument in trial.

Circuit Court decisions only bind courts in that Circuit, but they are considered persuasive in other Circuits. It's not good to have someone prohibited from purchasing a gun in one Circuit, but he's not prohibited in a different Circuit...

When we get too many conflicting Circuit decisions, the SCOTUS will have to step in straighten it back out.

 

[whitehall]

It must be a sign of the "End Times" when liberal judges want to take away gun rights from law abiding citizens while awarding 2nd Amendment rights to convicted felons.